04 September 2023
The Ministry of Internal Affairs of Ukraine, in accordance with the Procedure for Public Consultations on the Formation and Implementation of State Policy, approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 03, 2010 No. 996, conducted electronic consultations with the public on the draft order of the Ministry of Internal Affairs of Ukraine “On Approval of Amendments to Certain normative and legal acts of the Ministry of Internal Affairs of Ukraine on the conduct of state accreditation of institutions that carry out training, retraining and upgrading qualifications of drivers of vehicles, certification of their specialists” (hereinafter - the draft order), which was published on July 18, 2023 in the subheading “Draft regulations” of the heading “Normative base of the Ministry of Internal Affairs” of the official website of the Ministry of Internal Affairs of Ukraine: here.
Information on proposals and comments on the draft order received during electronic consultations with the public and the results of their consideration is given in the table:
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No. of |
Offer information/comments | Author of the proposal | Offer Consideration Information |
| ! 1 |
To supplement Chapter II of the Instruction on the procedure for organizing the work of territorial bodies for the provision of service services of the Ministry of Internal Affairs of Ukraine on state accreditation of institutions that carry out training, retraining and further training of drivers of vehicles, and certification of their specialists, approved by the Order of the Ministry of Internal Affairs of December 07, 2009 No. 5 15, registered with the Ministry of Justice of Ukraine on January 22, 2010 under No. 72/17367 (as amended by the Order of the Ministry of Internal Affairs of May 22, 2020 No. 408) (hereinafter referred to as the Instruction), new paragraphs 9 1, 14 1, 7 p.m.
“9 1. The software tools of the Unified State Department of Internal Affairs automatically block the inclusion of a specialist in the staff of the institution until he confirms in his electronic office his consent to include himself as a member of the specialists of the relevant institution, using a qualified electronic signature.
14 1. The GSC of the Ministry of Internal Affairs publishes on its official website the formula and algorithm and formulas for calculating the maximum number of persons for simultaneous theoretical, practical, theoretical and practical training, retraining and further training of drivers of vehicles and training periods for each category (with transcript).
I'm 19. The specialist of the institution has the right to independently exclude information about himself and the vehicles belonging to him/her on the right of ownership/use from the data on the material and technical base of the institution specified in paragraph 17 of this section through his electronic account using a qualified electronic signature. In this case, the institution through its electronic cabinet 4 automatically notifies about the exclusion of the specialist/vehicle belonging to him from the data on the material and technical base of such institution” |
Government-public initiative “Together against corruption” |
Not taken into account. The proposal does not address the subject of regulation of the draft order. In accordance with the rules of the normative design technique, the normative legal act must correspond to the scope of regulation specified in it to the subject of legal regulation
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| ! 2 | Expand (narrow) the list of grounds for the temporary termination of the certificate of state accreditation, its cancellation (paragraph 2 of Chapter IV of the Instruction) by supplementing it with new provisions or withdrawing them | Government-public initiative “Together against corruption” |
Not taken into account. The proposals are inconsistent with paragraph 15 of the Procedure for State Accreditation of Institutions Training, Retraining and Retraining of Vehicle Drivers and Certification of Their Specialists, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 490 of May 20, 2009 (hereinafter referred to as the Procedure), which defines an exhaustive sublist temporary termination of the certificate of state accreditation. The Order has the highest legal force in relation to the subordinate regulatory act, that is, the Instruction, which in its content should not contradict it. The subordination of acts is enshrined in the provisions of the Constitution of Ukraine. In view of the foregoing amendments to the Instructions shall be preceded by the introduction of relevant amendments to the Procedure |
| ! 3 | Exclude from Chapter VIII of the Instructions the provision on the determination of the rating of a specialist of an institution in case of detection of a low level of trainee training carried out by him, which is the basis for his re-accreditation, at the request of the head of the territorial service center of the Ministry of Internal Affairs, or the application of the corresponding rating exclusively in cases where the practical exam was recorded on video, audio (with by access of driving schools to video, audio recordings and fixation of leg movements), etc. | Government-public initiative “Together against corruption |
Not taken into account. The proposal does not comply with the act of superior legal force, namely with the Procedure |
| ! 4 | To supplement the amendments provided for by the draft order, which are made to paragraph 17 of Chapter II of the Instruction, with new provisions posted on the official website in the form of open data | Government-public initiative “Together against corruption” |
Editorially taken into account. “17. The RSC of the Ministry of Internal Affairs provides free, free of charge, round-the-clock access to information about institutions located on its official website in the form of open data: ... license for conducting educational activities in the field of vocational (vocational) education (if available), date, series and number; Certificate (series, number) and the information indicated in it about the maximum number of persons for simultaneous training, retraining and further training of drivers of vehicles;” |
| ! 5 | To supplement the amendments provided for by the draft order, which are made to paragraph 8 of section X of the Instructions, with new provisions on the timing of the verification of the institution's documents and its notification | Government-public initiative “Together against corruption” |
Editorially taken into account. “8. ... Within three working days from the date of receipt of such a letter, the CCC of the Ministry of Internal Affairs checks the provided copies of the documents and makes the corresponding amendments to the Unified State Register of the Ministry of Internal Affairs by means of the unified information system of the Ministry of Internal Affairs or in writing justifiably refuses to make the relevant changes.” |
| ! 6 | In Tables No. 1 of Appendices 3, 5 Instructions, which, in accordance with the amendments to the draft order, are set out in the new version, exclude the words: “textbooks and visual aids” (column 4 of table No. 1), “buildings and structures, offices (classrooms), which are placed in them”, “and state building codes” (column 5 of table No. 1) | Government-public initiative “Together against corruption” |
It is taken into account editorially (in accordance with the rules of standard design technique).
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| ! 7 | To supplement Annexes 3, 6 Instructions, which, in accordance with the amendments to the draft order, are set out in a new version, with new notes | Government-public initiative “Together against corruption” | It is taken into account editorially (in accordance with the rules of standard design technique). |
As a result of electronic consultations with the public on the draft resolution, it was decided to partially take into account the comments and suggestions sent by the public representatives.
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Head of the Main Service Center of the Ministry of Internal Affairs of Ukraine |
Mykola RUDYK |
